Loading (50 kb)...'
PRC Sec 31000-31409 STATE COASTAL CONSERVANCY
PUBLIC RESOURCES CODE
31000. Unless the context otherwise requires, the definitions in
this chapter govern the construction of this division.
31001. "Certified local coastal plan or program" means any plan or
program or land use plan of a local program adopted by the commission
pursuant to Chapter 6 (commencing with Section 30500) of Division
31002. "Conservancy" means the State Coastal Conservancy.
31004. "Commission" means the California Coastal Commission
established under Chapter 4 (commencing with Section 30300) of
31005. "Bay commission" means the San Francisco Bay Conservation
and Development Commission, established under Title 7.2 (commencing
with Section 66600) of the Government Code.
31006. (a) "Coastal zone" means that area of the state as defined
in Section 30103. Only for purposes of conservancy action in San
Francisco Bay, the "coastal zone" also includes areas that are within
the permit jurisdiction of the bay commission, as described in
Section 66610 of the Government Code, with the exception of Contra
Costa County lands from the Richmond-San Rafael Bridge north and east
to the termination of the bay commission boundary, except as
provided in subdivision (b), as well as any uplands, wetlands,
marshes, diked lands, and other watershed lands that significantly
affect the environmental quality of the bay or are directly related
to the public's use and enjoyment of the bay, and other watershed
lands within the nine counties adjacent to the bay that have waters
that flow directly into the bay or the ocean.
(b) Notwithstanding subdivision (a), with respect to lands within
Contra Costa County that are included within the permit jurisdiction
of the bay commission, as described in Section 66610 of the
Government Code, or that consist of any uplands, wetlands, marshes,
diked lands, or other watershed lands that significantly affect the
environmental quality of the bay or are directly related to the
public's use and enjoyment of the bay, the local public agency having
jurisdiction over any such lands may formally request conservancy
action by resolution.
31007. "Coastal restoration project" means an action taken by a
public agency, including the conservancy, or a nonprofit
organization, to correct undesirable development patterns in the
31008. "Coastal resource enhancement project" means an action taken
by a public agency, including the conservancy, or a nonprofit
organization, to restore, as nearly as possible, degraded natural
areas to their original condition or to enhance the resource values
of a coastal zone.
31009. "Department" means the Department of Parks and Recreation.
31010. "Local public agency" includes, but is not limited to, a
city, county, city and county, district, association of governments,
or joint powers agency.
31011. Any funds received by the department pursuant to this
division shall be deposited in the State Parks and Recreation Fund.
Unless otherwise provided in this division, any funds received by the
conservancy pursuant to this division shall be deposited in the
State Coastal Conservancy Fund. The conservancy and the Controller
shall establish separate accounts within the State Coastal
Conservancy Fund for the purpose of separating deposits into the fund
according to their origin.
31012. (a) The Coastal Trust Fund is hereby established in the
State Treasury, to receive and disburse funds paid to the conservancy
in trust, subject to the right of recovery to fulfill the purposes
of the trust, as provided in this section.
(b) (1) There is in the Coastal Trust Fund the San Francisco Bay
Area Conservancy Program Account, which shall be expended solely for
the purposes of Chapter 4.5 (commencing with Section 31160).
(2) The conservancy shall deposit in the San Francisco Bay Area
Conservancy Program Account all funds received by the conservancy for
the purposes of the San Francisco Bay Area Conservancy Program
established under Chapter 4.5 (commencing with Section 31160), from
sources other than the state or federal government and not provided
for in subdivision (a) of Section 31164. These funds include, but
are not limited to, private donations, fees, penalties, and local
(c) (1) There is in the Coastal Trust Fund the Coastal Program
Account. Funds in the Coastal Program Account shall be expended
solely for their specified trust purposes.
(2) Upon approval of the Department of Finance, the conservancy
shall deposit in the Coastal Program Account all funds paid to the
conservancy in trust for purposes of this division, except those
funds identified in paragraph (2) of subdivision (b). The funds that
shall be deposited in the Coastal Program Account, upon that
approval, include, but are not limited to, funds that are paid to the
conservancy in trust for purposes of mitigation, for settlement of
litigation, instead of other conditions of coastal development
permits or other regulatory entitlements, or for other trust purposes
consistent with this division and specified by the terms of a gift
or contract. Funds in the Coastal Program Account shall be
separately accounted for according to their source and trust purpose.
Funds may not be deposited in the Coastal Program Account without
the Department of Finance's approval.
(d) Interest that accrues on funds in the Coastal Trust Fund shall
be retained in the Coastal Trust Fund and available for expenditure
by the conservancy for the trust purposes.
(e) The conservancy shall maintain separate accountings of funds
within the Coastal Trust Fund, pursuant to its fiduciary duties, for
the purpose of separating deposits and interest on those deposits,
according to their trust purposes.
(f) Notwithstanding Section 13340 of the Government Code, all
funds in the Coastal Trust Fund are continuously appropriated,
without regard to fiscal year, to the conservancy to fulfill the
trust purposes for which the payments of funds were made.
(g) The conservancy shall provide an annual accounting to the
Department of Finance of the conservancy's expenditures from, and
other activities related to, the Coastal Trust Fund.
31013. "Nonprofit organization" means any private, nonprofit
organization, that qualifies under Section 501(c)(3) of the United
States Internal Revenue Code, and whose purposes are consistent with
31014. "Bay plan" means the San Francisco Bay Plan as adopted by
the bay commission.
31015. "Suisun Marsh Protection Plan" means the plan approved as
provided in Division 19 (commencing with Section 29000).
31016. "Local plan" means any land use plan of a local public
agency, port district, regional park or open-space district, or
recreation and park district whose jurisdiction is included, in whole
or in part, within the jurisdiction of the conservancy within San
Francisco Bay in the areas described in Section 31006.
31017. "Public agency" includes, but is not limited to, local
public agencies, state agencies, federal agencies, colleges and
universities, intergovernmental bodies, and federally recognized
31050. The Legislature finds and declares that the agricultural
lands located within the coastal zone contribute substantially to the
state and national food supply and are a vital part of the state's
31051. The Legislature further finds and declares that agricultural
lands located within the coastal zone should be protected from
intrusion of nonagricultural uses, except where conversion to urban
or other uses is in the long-term public interest.
31052. The Legislature further finds and declares that lands within
the coastal zone, principally in rural areas, are vacant or
improperly utilized because of inadequate circulation patterns, poor
lot layout, scattered ownerships, lack of recreation and open space,
and other conditions which adversely affect the coastal environment
and reduce opportunities for orderly development.
31053. The Legislature further finds and declares that important
fish and wildlife habitat, natural areas, and scenic and
environmental resources within the coastal zone have been degraded
due to indiscriminate dredging, filling, and the intrusion of
incompatible land uses.
31054. It is the policy of the state and the intent of the
Legislature to provide for the State Coastal Conservancy, which
should report to the Governor and to the Legislature, with
responsibility for implementing a program of agricultural protection,
area restoration, and resource enhancement in the coastal zone
within policies and guidelines established pursuant to Division 20
(commencing with Section 30000).
31055. No funds may be expended or granted under this division,
unless and until such funds are appropriated by the Legislature.
31056. (a) The conservancy is not required to provide funding for
projects within the San Francisco Bay in the areas described in
Section 31006, until the Legislature appropriates funds for such
The conservancy shall expend funds specifically identified for the
San Francisco Bay, whether from public or private sources, in the
San Francisco Bay.
(b) The bay commission may annually prepare and adopt a list of
priority areas and concerns which are essential to the orderly
implementation of the bay plan and the Suisun Marsh Protection Plan.
The priority list shall provide guidance to the conservancy in its
selection of San Francisco Bay projects.
31100. There is in the Resources Agency the State Coastal
Conservancy, consisting of the following seven members:
(a) The chairperson of the commission.
(b) The Secretary of the Resources Agency.
(c) The Director of Finance.
(d) Four members of the public, of which two shall be appointed by
the Governor, one shall be appointed by the Senate Committee on
Rules, and one shall be appointed by the Speaker of the Assembly. Of
the members appointed by the Governor, not more than one may be an
elected official of a local government, and the official shall have
been elected to an office in a local government whose territory is
located wholly or partially in the coastal zone.
Except for members appointed pursuant to subdivision (d), the
members of the conservancy may designate one of their employees to
serve on the conservancy in their absence.
31100.5. Three Members of the Senate, appointed by the Senate Rules
Committee, and three Members of the Assembly, appointed by the
Speaker of the Assembly, shall meet with the conservancy and
participate in its activities to the extent that such participation
is not incompatible with their respective positions as Members of the
31101. (a) The members appointed under subdivisions (a) and (d) of
Section 31100 shall serve for a term of four years. However, if a
member is appointed under subdivision (d) by reason of his or her
status as a locally elected official, his or her membership shall
cease 60 days after his or her term of office as a locally elected
official ceases, and the Governor may appoint another person to
complete the remainder of his or her term. Any person appointed
under subdivision (d) of Section 31100 shall not be disqualified for
membership and may complete his or her term in the event he or she is
elected to a local office after his or her appointment.
(b) Members appointed under subdivisions (a) and (d) of Section
31100 shall be compensated for attendance at regular meetings of the
conservancy at the rate of one hundred dollars ($100) per day, and
shall be reimbursed for the actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
31102. The Secretary of the Resources Agency shall select one of
the public members to serve as the chairman of the conservancy. The
public member shall serve as chairman at the pleasure of the
secretary. A majority of the total authorized membership of the
conservancy shall constitute a quorum for the transaction of any
business under this division. The conservancy shall adopt its own
31103. The conservancy shall determine the qualifications of, and
it shall appoint and fix the salary of, the executive officer of the
conservancy, who shall be exempt from civil service, and shall
appoint such other staff as may be necessary to carry out the powers
and functions set forth in this division. To the maximum extent
possible, the conservancy shall utilize the staff of the commission
for purposes of planning and project evaluation, and the staff of the
Real Estate Services Division of the Department of General Services
in carrying out acquisition, leasing, disposal, and other real
property transactions authorized under this division.
31104. The conservancy may apply for and accept federal grants and
receive gifts, donations, subventions, rents, royalties, and other
financial support from public and private sources.
31104.1. The conservancy shall serve as a repository for lands
whose reservation is required to meet the policies and objectives of
the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000)), a certified local coastal plan or program, or the
San Francisco Bay Plan as implemented by the San Francisco Bay
Conservation and Development Commission pursuant to Title 7.2
(commencing with Section 66600) of the Government Code. Pursuant to
that authority, the conservancy may accept dedication of fee title,
easements, development rights, or other interests in lands, including
interests required to provide public access to recreation and
resources areas in the coastal zone.
31104.2. The conservancy is the designated agency in the state for
planning and coordinating federal surplus land sales in the coastal
31104.3. On an annual basis or as may be required, the executive
officer of the conservancy shall report to the Director of General
Services regarding privately owned properties within the conservancy'
s jurisdiction which have special significance and which might
appropriately be the subject of trades for lands owned by the state
for the purposes of preserving natural resources and moderating the
impacts of regulation with the coastal zone. A particular property
shall be included in any report only upon agreement of the owner.
For purposes of this section, "special significance" means having
importance because of the land's value for (1) public access, (2)
public recreation, (3) wetlands, riparian, or other natural habitat,
(4) open space, or (5) agricultural use.
31105. The conservancy is authorized to acquire, pursuant to the
Property Acquisition Law (Part 11 (commencing with Section 15850),
Division 3, Title 2 of the Government Code) real property or any
interests therein for all of the purposes specified in this division.
31106. The State Public Works Board may, pursuant to Section 31105,
use the power of eminent domain for the purposes specified in this
31107. Notwithstanding other provisions of law, the Director of
General Services, when so requested by the conservancy, shall lease,
rent, sell, exchange, or otherwise transfer any land, interest
therein, or option acquired pursuant to this division, pursuant to an
implementation plan approved by the conservancy. Leases entered
into pursuant to the provisions of this division shall not provide
for a period longer than 10 years. Proceeds from any such lease,
rental, sale, exchange, or transfer of land, interest therein, or
option thereon, shall be deposited with the conservancy and shall be
available for expenditure when appropriated by the Legislature for
the purpose of funding the programs specified in this division.
31107.1. The Department of General Services and the conservancy
shall jointly develop and implement appropriate procedures to ensure
that land acquisition, leasing, options to purchase, land disposal,
and other property transactions undertaken in accordance with the
provisions of this division are carried out efficiently and equitably
and with proper notice to the public.
31108. Commencing on January 2, 1980, and every third year
thereafter, the conservancy shall prepare and submit to the Governor
and to the Legislature a report describing progress in achieving the
objectives of this division. The report shall include the following:
(a) An evaluation of the effectiveness of the conservancy's
programs in preserving agricultural lands, restoring coastal habitat,
providing public access to the coastline, and in undertaking other
functions prescribed in this division.
(b) Identification of additional funding, legislation, or other
resources required to more effectively carry out the objectives of
(c) A discussion of its progress in addressing the goals, priority
areas, and concerns referenced in subdivision (a) of Section 31163,
including, but not limited to, any funds that are received or
disbursed for purposes related to addressing those goals, priority
areas, and concerns.
31108.5. The conservancy shall not expend any fees received
pursuant to Section 30526, except to restore, replace, or improve
resources or ecological systems in a manner that is consistent with
the certified local coastal program of the local public agency in
whose jurisdiction the development is located, or in whose
jurisdiction the site of the mitigation project is to be located, as
the case may be, and only after full consultation and consent of that
local public agency.
31109. Where certification of a local coastal plan or program is
required under this division as a condition of action by the
conservancy, the conservancy may take such action, including the
funding of projects prior to certification, when the action is
identified in a local issue identification and work program which has
been approved by the California Coastal Commission. However, in
undertaking actions prior to certification of a local coastal plan or
program, the conservancy shall follow other applicable project
review and approval requirements set forth in this division.
31111. In implementing this division, the conservancy may fund and
undertake plans and feasibility studies, and may award grants to
public agencies and nonprofit organizations for these purposes.
31112. With respect to its publications, the conservancy may accept
subscriptions and nonpolitical advertising, and proceeds from them.
All proceeds shall be deposited into the State Coastal Conservancy
Fund and be available for expenditure upon appropriation by the
31115. When a state agency that owns or manages land or water areas
within the coastal zone has identified sensitive resource values and
locations and types of development pursuant to Section 30525, and
when the commission has certified that acquisition of less than fee
title in land or water areas within the coastal zone is consistent
with the provisions of Division 20 (commencing with Section 30000)
and is necessary to ensure protection of sensitive resource values,
the conservancy may award a grant or grants to such state agency for
the purpose of acquisition of less than fee title in such land or
water areas pursuant to the Property Acquisition Law (commencing with
Section 15850 of the Government Code). Grants made pursuant to this
section may not be used as a method of acquisition of land or water
areas that are intended to be an integral part of a public land
31115.5. Notwithstanding any other provision of law, the
conservancy may undertake projects in the City of San Juan Capistrano
pursuant to Chapter 4 (commencing with Section 31150) and Chapter 8
(commencing with Section 31350).
31116. (a) Funds may be granted to a nonprofit organization under
this division if the nonprofit organization enters into an agreement
with the conservancy, on such terms and conditions as the conservancy
(b) In the case of a grant for land acquisition, the agreement
shall provide all of the following:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy shall approve the terms under which the
interest in land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt to be incurred
by the nonprofit organization unless the conservancy approves the
(4) The transfer of land acquired pursuant to a conservancy grant
shall be subject to the approval of the conservancy and a new
agreement sufficient to protect the interest of the people of
California shall be entered into with the transferee.
(5) If any essential term or condition is violated, title to all
interest in real property acquired with state funds shall immediately
vest in the state.
(6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state unless another
appropriate public agency or nonprofit organization is identified by
the conservancy and agrees to accept title to all interests in real
Any deed or other instrument of conveyance whereby real property
is being acquired by a nonprofit organization pursuant to this
section shall set forth the reversionary interest of the state.
(c) The conservancy shall also require an agreement sufficient to
protect the public interest in any improvement or development
constructed under a grant to a nonprofit organization for improvement
and development of a project under this division. The agreement
shall particularly describe any real property which is subject to
the agreement, and it shall be recorded by the conservancy in the
county in which the real property is located.
(d) Any funds collected from a nonprofit organization pursuant to
an agreement regarding a grant shall be deposited in the Nonprofit
Organization Land Trust Account, which is hereby created, in the
State Coastal Conservancy Fund.
31117. Notwithstanding any provision of this division, the
executive officer shall submit any plan or project proposed to be
carried out pursuant to this division within the coastal zone portion
of the Santa Monica Mountains Zone, as defined in Section 33105, to
the Santa Monica Mountains Conservancy for review at least 60 days
prior to approval by the State Coastal Conservancy. If the Santa
Monica Mountains Conservancy has not, within 60 days from the date of
submission, acted to disapprove the proposed plan or project on the
grounds that the plan or project is in conflict with or jeopardizes
an approved acquisition or improvement or a proposed acquisition or
improvement identified in the adopted Santa Monica Mountains
Conservancy workprogram, the plan or project may proceed pursuant to
31118. The conservancy may seek repayments of funds granted
pursuant to this division on terms and conditions as it deems
appropriate to carry out the provisions of this division.
31119. (a) (1) The conservancy may undertake educational projects
and programs for pupils in kindergarten to grade 12, inclusive,
relating to the preservation, protection, enhancement, and
maintenance of coastal resources, and may award grants to nonprofit
organizations, educational institutions, and public agencies for
those purposes, subject to the limitations contained in subdivision
(2) An educational grant program established pursuant to paragraph
(1) shall comply with all of the following:
(A) Funds provided for the educational program may be used for
planning and implementation or development of marine science
(B) An educational program shall meet State Board of Education
adopted content standards.
(C) The conservancy may consult with the Superintendent of Public
Instruction prior to awarding grants pursuant to this section.
(D) A grant recipient shall use a portion of any funding provided
for an educational program to promote maximum participation of pupils
and schools, by providing scholarships or grants for this purpose.
(E) A nonprofit organization shall comply with all of the
following as a condition of receiving a grant:
(i) Document increased pupil participation in its educational
(ii) Provide outreach to low-income, underserved, and noncoastal
(iii) Maintain any data necessary for evaluation, as determined by
(b) The conservancy is not required to take any action under
subdivision (a), unless and until new funds from sources not
currently available to the conservancy are made available by the
Legislature for the purposes described in subdivision (a). No more
than 10 percent of the funds provided for the educational programs
under subdivision (a) may be used for the costs of the conservancy in
administering the projects. No General Fund money may be used to
fund a grant awarded pursuant to subdivision (a) to a local public
educational agency or community college.
31120. In awarding grants to, or entering into agreements with, a
federally recognized Indian tribe, the conservancy shall recognize
and respect the limited sovereignty of the tribe.
31150. The conservancy may acquire fee title, development rights,
easements, or other interests in land located in the coastal zone in
order to prevent loss of agricultural land to other uses and to
assemble agricultural lands into parcels of adequate size permitting
continued agricultural production. The conservancy may also
undertake improvements to and development of such lands where such
action is required to meet the purposes of this section.
The conservancy shall take all feasible action to return to
private use or ownership, with appropriate use restrictions, all
lands acquired for agricultural preservation under this division.
31150.1. Notwithstanding any other provision of law, the
conservancy may enter into an option to acquire an interest in real
property for an agricultural preservation project, when the
Legislature appropriates funds for purposes of carrying out the
objectives of this division. The total cost of the option may not
exceed six hundred thousand dollars ($600,000).
31151. In acquiring interest in agricultural lands, as provided in
this division, the conservancy shall give the highest priority to
urban fringe areas where the impact of urbanization on agricultural
lands is greatest.
31152. Notwithstanding any other provisions of this division to the
contrary, the conservancy shall not act to acquire any interests in
lands in the coastal zone for agricultural purposes unless the
conservancy finds that both of the following conditions apply to the
(a) The lands are specifically identified in a certified local
coastal plan or program as agricultural lands, or, in the case of San
Francisco Bay, the lands as so identified in the bay plan, the
Suisun Marsh Protection Plan, or in any other local plan which the
bay commission determines to be consistent with such plans.
(b) There is no other reasonable means, including the use of
police power, of assuring continuous use of such lands for
31153. If the conservancy is unable to purchase an interest in
agricultural land which meets the provisions of Section 31152, the
conservancy may request the State Public Works Board to acquire the
interest under the power of eminent domain pursuant to Section 31105.
31154. The conservancy is authorized to lease lands acquired in
accordance with the provisions of Section 31150. When such leases
are made to private individuals or groups, the conservancy shall
annually, upon appropriation of such amounts by the Legislature,
transfer 24 percent of the gross income of such leases to the county
in which such lands are situated.
The county shall distribute any payment received by it pursuant to
this section to itself, to each revenue district for which the
county assesses and collects real property taxes or assessments, and
to every other taxing agency within the county in which the property
is situated. The amount distributable to the county and each such
revenue district or other taxing agency shall be proportionate to the
ratio which the amount of the taxes and assessments of each on
similar real property similarly situated within that part of the
county embracing the smallest in area of the revenue districts or
other taxing agencies other than the county, levied for the fiscal
year next preceding, bears to the combined amount of the taxes and
assessments of all such districts and agencies, including the county,
on such property levied for that year. The county auditor shall
determine and certify the amounts distributable to the board of
supervisors, which shall thereupon order the making of the
Any money distributed pursuant to this section to any county,
revenue district, or other taxing agency shall be deposited to the
credit of the same fund as any taxes or assessments on any taxable
similar real property similarly situated.
Where a county receives a payment pursuant to this section in an
amount of twenty-five dollars ($25) or less in respect to any parcel
of leased property, all of such payment shall be distributed to the
county for deposit in the county general fund.
31155. Proceeds from the sale or lease of lands acquired under the
provisions of Section 31150 shall be deposited with the conservancy
and, after transmission of any payments required by Section 31154,
shall be available for expenditure when appropriated by the
Legislature for the purpose of funding the programs specified in this
31156. The conservancy may award grants to public agencies and
nonprofit organizations for the purpose of acquiring fee title,
development rights, easements, or other interests in land located in
the coastal zone in order to prevent loss of agricultural land to
other uses and to assemble agricultural lands into parcels of
adequate size permitting continued agricultural production. The
conservancy may also award grants to public agencies and nonprofit
organizations for the purpose of undertaking improvements to and
development of these lands where that action is required to meet the
purposes of this section. The expenditure of any of these funds
shall be consistent with the provisions of this chapter.
31160. The San Francisco Bay Area Conservancy Program is
established pursuant to this chapter, to be administered by the
conservancy, to address the resource and recreational goals of the
San Francisco Bay area, as identified in Section 31162, in a
coordinated, comprehensive, and effective way.
31161. The Legislature hereby finds and declares that the nine
counties that bound San Francisco Bay constitute a region with unique
natural resource and outdoor recreational needs. San Francisco Bay
is the central feature in an interconnected open-space system of
watersheds, natural habitats, waterways, scenic areas, agricultural
lands, and regional trails.
31162. The conservancy may undertake projects and award grants in
the nine-county San Francisco Bay Area that will help achieve the
following goals of the San Francisco Bay Area Conservancy Program:
(a) To improve public access to, within, and around the bay,
coast, ridgetops, and urban open spaces, consistent with the rights
of private property owners, and without having a significant adverse
impact on agricultural operations and environmentally sensitive areas
and wildlife, including wetlands and other wildlife habitats through
completion and operation of regional bay, coast, water, and ridge
trail systems, and local trails connecting to population centers and
public facilities, which are part of a regional trail system and are
consistent with locally and regionally adopted master plans and
general plans, and through the provision and preservation of related
facilities, such as interpretive centers, picnic areas, staging
areas, and campgrounds.
(b) To protect, restore, and enhance natural habitats and
connecting corridors, watersheds, scenic areas, and other open-space
resources of regional importance.
(c) To assist in the implementation of the policies and programs
of the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000)), the San Francisco Bay Plan, and the adopted plans of
local governments and special districts.
(d) To promote, assist, and enhance projects that provide open
space and natural areas that are accessible to urban populations for
recreational and educational purposes.
31163. (a) The conservancy shall cooperate with cities, counties,
and districts, the bay commission, other regional governmental
bodies, nonprofit land trusts, nonprofit landowner organizations, and
other interested parties in identifying and adopting long-term
resource and outdoor recreational goals for the San Francisco Bay
Area, which shall guide the ongoing activities of the San Francisco
Bay Area Conservancy Program. The conservancy shall utilize the list
of priority areas and concerns established by the bay commission
pursuant to subdivision (b) of Section 31056 as guidance in the
selection of those San Francisco area projects that are within the
jurisdiction of the bay commission. However, the guidance provided
by the bay commission is advisory and the conservancy shall have the
responsibility for making program decisions. Any acquisition of real
property using funds authorized pursuant to this chapter shall be
from willing sellers if the land is actively farmed or ranched. Any
acquisition of real property by the conservancy pursuant to this
chapter shall be from willing sellers.
(b) The conservancy shall participate in and support interagency
actions and public/private partnerships in the San Francisco Bay Area
for the purpose of implementing subdivision (a), and providing for
broad-based local involvement in, and support for, the San Francisco
Bay Area Conservancy Program.
(c) The conservancy shall utilize the criteria specified in this
subdivision to develop project priorities for the San Francisco Bay
Area Conservancy Program that provide for development and acquisition
projects, urban and rural projects, and open space and outdoor
recreational projects. The conservancy shall give priority to
projects that, to the greatest extent, meet the following criteria:
(1) Are supported by adopted local or regional plans.
(2) Are multijurisdictional or serve a regional constituency.
(3) Can be implemented in a timely way.
(4) Provide opportunities for benefits that could be lost if the
project is not quickly implemented.
(5) Include matching funds from other sources of funding or
(d) (1) The conservancy shall be the lead agency in the funding
and development of projects implementing the San Francisco Bay Area
Water Trail Plan prepared pursuant to Section 66694 of the Government
(2) During the period when the plan is being prepared and after
the completion of the plan, the conservancy may undertake projects
and award grants that are generally consistent with and advance the
preparation of the plan or achieve the implementation of the plan.
(3) To advance the preparation of the plan, the conservancy shall
help coordinate a collaborative partnership with the San Francisco
Bay Conservation and Development Commission, the Association of Bay
Area Governments, and other interested persons, organizations and
agencies, including, but not limited to, interested state, county,
and district departments and commissions, parks and park districts,
ports, regional governmental bodies, nonprofit groups, user groups,
(4) In developing the plan and undertaking projects to implement
the plan, areas for which access is to be managed or prohibited shall
be determined in consultation with resource protection agencies, the
United States Coast Guard, the Water Transit Authority, the State
Lands Commission, local law enforcement agencies, and through the
environmental review process required by the California Environmental
Quality Act (Division 13 (commencing with Section 21000)).
(5) Upon the completion of the plan, the conservancy shall
consider the plan's adoption and inclusion of the appropriate
elements of the plan in the conservancy's strategic plan.
(6) The conservancy shall not award a grant or undertake a project
for the San Francisco Bay Area Water Trail that would have a
significant adverse impact on a sensitive wildlife area or is in
conflict with the goals of subdivision (a) of Section 31162.
31164. (a) The San Francisco Bay Area Conservancy Program Account
is hereby created in the State Coastal Conservancy Fund, for the
purpose of depositing and disbursing funds, upon appropriation by the
Legislature, for the administration and implementation of the San
Francisco Bay Area Conservancy Program. All funds that are
appropriated by the Legislature for the purposes of this chapter, and
all reimbursements, proceeds of sale, or other money received by the
conservancy for the purposes of this chapter and derived from
projects funded from this account shall be deposited in this account.
Interest on funds in this account shall accrue to the General
Fund. The conservancy shall account for all deposits and
reimbursements of funds in this account.
(b) Funds that are derived from other sources, exclusive of state
or federal funds, for the purposes of this chapter, including, but
not limited to, private donations, fees, penalties, and local
government contributions, shall be deposited in the San Francisco Bay
Area Conservancy Program Account in the Coastal Trust Fund pursuant
to Section 31012.
31165. In order to benefit the San Francisco Bay region, the
conservancy may undertake projects and award grants for activities
that are compatible with the preservation, restoration, or
enhancement of ocean, coastal, bay, or watershed resources, or that
facilitate environmental education related to these resources. These
projects or activities may include, but are not limited to, exhibits
or events emphasizing coastal, watershed, or ocean resources
education, or maritime history, or the development of amenities and
infrastructure consistent with this chapter.
31200. The conservancy may award grants to public agencies and
nonprofit organizations for the purpose of restoration of areas of
the coastal zone that, because of scattered ownerships, poor lot
layout, inadequate park and open space, incompatible land uses, or
other conditions, are adversely affecting the coastal environment or
are impeding orderly development. Grants under this section shall be
utilized for the assembly of parcels of land within designated
coastal restoration areas, for the redesign of those areas, and the
installation of public improvements required to serve those areas.
As provided in this chapter, the cost of acquisition of certain
coastal access and open-space lands, other than those acquired
through dedication, within restoration areas may be funded through
the conservancy. Grants under this section may not be utilized as a
method of acquisition of public park, recreation, or wildlife areas,
except as those uses may be incidental to a coastal restoration
project. After redesign and installation of public improvements, if
any, lands containing coastal restoration projects, with the
exception of lands acquired for public purposes as provided in this
chapter, shall be conveyed to any person for the purpose of
development in accordance with a restoration plan approved under
31201. All areas proposed for restoration by the conservancy, a
local public agency, or a nonprofit organization shall be identified
in a certified local coastal plan or program as requiring public
action to resolve existing or potential development problems or shall
be so identified in other local plans which the commission
determines to be consistent with the policies and objectives of
Division 20 (commencing with Section 30000). In the case of San
Francisco Bay, the lands shall be so identified in the bay plan, the
Suisun Marsh Protection Plan, or in any other local plan which the
bay commission determines to be consistent with such plans.
31203. In reviewing grant applications and restoration plans, the
conservancy shall seek to promote excellence of design and shall
stimulate projects which exhibit innovation in sensitively
integrating man-made features into the natural coastal environment.
31204. The conservancy may provide up to the total cost of any
coastal restoration project, including the local share of federally
supported projects. The conservancy may also require local funding
participation in coastal restoration projects. The amount of funding
provided by the conservancy and the degree of local participation
shall be determined by the total amount of funding available for
coastal restoration projects, the fiscal resources of the applicant,
the urgency of the project relative to other eligible coastal
restoration projects, the degree to which the project meets the
objectives set forth in Section 31203, and the application of other
factors prescribed by the conservancy for the purpose of determining
project eligibility and priority in order to more effectively carry
out the provisions of this division.
31205. The conservancy shall request the commission, local public
agencies, nonprofit organizations, and other public and private
groups to assist in the development of criteria and guidelines for
the submission, evaluation, and determination of priority of coastal
restoration projects. After considering comments received from such
sources and ensuring that adequate opportunity for public review and
comment has been provided, the conservancy shall adopt guidelines and
criteria for the administration of the coastal program authorized
under this chapter.
31206. In accordance with procedures adopted by the conservancy,
public agencies and nonprofit organizations may submit proposed
coastal restoration projects for consideration by the conservancy.
31207. In connection with proposed coastal restoration projects,
the conservancy may fund up to three hundred thousand dollars
($300,000) of the cost of preparing coastal restoration plans.
31207.1. Notwithstanding any other provision of law, the
conservancy may enter into an option to acquire an interest in real
property in connection with a restoration project, when the
Legislature appropriates funds for purposes of carrying out the
objectives of this division. The cost of the option may not exceed
six hundred thousand dollars ($600,000).
31208. (a) Following completion of a coastal restoration plan, the
conservancy shall forward the proposed plan to the commission for
determination of conformity of the plan with the policies and
objectives of Division 20 (commencing with Section 30000). The
commission shall have 60 days to review the project and transmit the
findings on such plan to the conservancy. If no comments are
received within that period, the coastal restoration plan shall be
deemed to be in accord with Division 20 (commencing with Section
(b) Following the certification of a local coastal program, the
city or county or city and county with jurisdiction over the
certified area, rather than the commission, shall review the coastal
restoration plan where: (1) the proposed restoration plan will be
implemented entirely within one local public agency's jurisdiction;
(2) the area proposed for restoration is identified pursuant to the
provisions of Section 31201; and (3) implementation of the coastal
restoration plan does not require an amendment to the certified local
coastal program. The local public agency shall review the coastal
restoration plan to determine consistency with the certified local
coastal program within 60 days after transmittal of the plan from the
conservancy and shall transmit its findings to the conservancy
immediately upon completion of plan review. If no comments are
received at the end of the 60-day period, the plan shall be deemed to
be in accord with the provisions of the certified local coastal
Where the coastal restoration plan will be implemented in whole or
in part in an area in which the commission retains coastal
development permit jurisdiction pursuant to subdivision (b) of
Section 30519, or in an area in which two or more local governments
have coastal development permit jurisdiction, or where a local
coastal program amendment is required to implement the plan, the
commission shall be responsible for coastal restoration plan review
and shall conduct the review in the following manner. The commission
shall review the coastal restoration plan for consistency with the
policies and objectives of Division 20, as provided in subdivision
(a), for an area subject to retained coastal development permit
jurisdiction pursuant to subdivision (b) of Section 30519 and where a
local coastal program amendment is required, and shall review the
plan for consistency with certified local coastal programs for areas
under local government coastal development permit jurisdiction.
31208.5. In the case of San Francisco Bay projects, the conservancy
shall forward a proposed coastal restoration plan to the bay
commission for determination of conformity with the bay plan, and,
where relevant, with the Suisun Marsh Protection Plan. The bay
commission shall have 60 days to review the plan and transmit its
findings on such plan to the conservancy. If no comments are
received within such period, the restoration plan shall be deemed to
be in accord with the bay plan and, where relevant, the Suisun Marsh
31209. Following approval of a restoration plan as provided in
Section 31208, the conservancy shall so notify the local public
agency and shall authorize the agency to proceed with actions
required to implement the plan.
31210. Costs of providing parks, open space, or other public areas
and facilities may be included as project costs within coastal
restoration areas, if they are designed to serve the residents of the
restoration area and do not constitute a disproportionate share of
the total project cost. Costs of providing public coastal access
sites and scenic easements serving the public may be permitted as
project costs where such features are part of a coastal restoration
plan approved as provided in Section 31208.
31211. The conservancy, local public agencies, and nonprofit
organizations, in undertaking coastal restoration projects as
provided in this chapter, shall be subject to the provisions of
Division 24 (commencing with Section 33000) of the Health and Safety
31212. Any funds over and above eligible project costs which remain
after completion of a coastal restoration project as provided in
this chapter shall be transmitted by the recipient to the state and
deposited with the conservancy and shall be available for expenditure
when appropriated by the Legislature for the purposes of funding the
programs specified in this division.
31213. Where a local public agency is unable or unwilling to
undertake restoration of any area, the conservancy may undertake the
restoration or authorize a nonprofit organization to do so after
notification to the local public agency, if a coastal restoration
plan for the area has been prepared by the conservancy and approved
as provided in Section 31208.
31213.5. In the case of San Francisco Bay, the conservancy may
undertake restoration of an area only upon formal request by
resolution of a local public agency or the bay commission, except
that, with respect to lands within Contra Costa County, such
restoration or other action may be undertaken only upon the formal
request by resolution of the local public agency having jurisdiction
over such lands; provided, however, that a restoration plan for the
area has been prepared by the conservancy and approved in accordance
with Section 31208.5.
31214. A restoration plan prepared for a project to be carried out
by the conservancy as provided in Section 31213, shall, before any
lands are acquired or other implementation actions taken, be
submitted to the local public agency which exercises land use
regulation over the area of the proposed project. The local public
agency shall have 90 days to review and comment on the proposed
coastal restoration project. If, during that period, that local
public agency or an appropriate nonprofit organization agrees to
carry out the project within the guidelines established in the
restoration plan, the conservancy may authorize the local public
agency or nonprofit organization to carry out the restoration
project, which shall then be subject to all provisions of this
31215. Prior to undertaking any restoration project under the
provisions of Section 31213, the project shall be included within,
and funded under, the Budget Act.
31220. (a) In order to improve and protect coastal and marine water
quality and habitats, the conservancy may undertake coastal
watershed and coastal and marine habitat water quality, sediment
management, and living marine resources protection and restoration
projects or award grants for those projects, consistent with this
chapter. Except for projects described in paragraph (7), (8), (9), or
(10) of subdivision (b), the conservancy shall consult with the
State Water Resources Control Board in the development of the project
or grant to ensure consistency with Chapter 3 (commencing with (continued)